The Punjab and Haryana High Court condemned police misuse of the NDPS Act as an “abuse of power,” granting bail to Lovepreet Singh, whose arrest sparked calls for police accountability. Singh’s defense highlighted legal irregularities in his arrest under the NDPS Act.
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CHANDIGARH: The Punjab and Haryana High Court has strongly condemned the misuse of the Narcotic Drugs and Psychotropic Substances (NDPS) Act by police officials, describing it as an “abuse of power” that unjustly victimizes innocent citizens. The court’s rebuke came while granting bail to Lovepreet Singh alias Lovely, a young man arrested under the NDPS Act, in a case that has sparked discussions about police accountability and reform.
Arrest of Lovepreet Singh
Lovepreet Singh, a diploma holder in agriculture, was arrested on June 24, 2024, by the Punjab Police. His arrest stemmed from an FIR filed under Sections 22 and 29 of the NDPS Act at the Sultanpur Lodhi Police Station in the Kapurthala district. Singh’s counsel, Mr. Jagjit Singh, argued that his client’s arrest was based on dubious grounds, pointing out multiple legal irregularities in the case.
According to the defense, Lovepreet Singh was on his way back from a routine field inspection when he was intercepted by a police vehicle. The defense counsel claimed that the police grew “annoyed” when Lovepreet did not immediately yield to their trailing vehicle. After stopping him, they allegedly seized his car and mobile phone and took him to the police station. Two days later, an FIR was registered against him, casting serious doubts on the legality of his detention.
Key Legal Concerns
The case, Lovepreet Singh @ Lovely vs. State of Punjab, raised several pivotal legal issues:
- Legality of Arrest and Search: The defense contended that Lovepreet Singh’s arrest was unlawful as the search was carried out without the mandated presence of a Gazetted Officer or Magistrate, violating the NDPS Act’s procedural safeguards.
- False Implication and Evidence Planting: The defense also argued that the police had fabricated evidence by planting 525 narcotic capsules in Singh’s possession to justify his illegal detention.
- Nature of the Recovered Substances: A critical turning point in the case was the Forensic Science Laboratory (FSL) report dated August 21, 2024, which confirmed that the recovered capsules contained acetaminophen (paracetamol), a widely available pain reliever, rather than any banned narcotic substance.
Presiding over the case, Justice Kirti Singh found substantial merit in the defense’s arguments, especially considering the lack of concrete evidence that Singh was in possession of illegal drugs. Justice Singh highlighted the findings of the FSL report by stating:
“The recovered capsules only contain salt acetaminophen (paracetamol).”
Taking into account the lack of any incriminating evidence against the accused, the court granted regular bail to Lovepreet Singh. Justice Singh directed the Area Magistrate to release him upon furnishing a bail bond of Rs. 10,000 with a surety of like amount. To facilitate a swift release, the court also allowed advocates to use a downloaded copy of the order for attestation.
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The court did not stop at addressing Lovepreet Singh’s case alone. It took the opportunity to make a broader statement on the misuse of the NDPS Act by law enforcement, which often results in the harassment of innocent individuals.
Justice Kirti Singh was particularly critical of the widespread “police high-handedness” in NDPS cases, observing:
“These actions typically arise from abuse of power and lack of accountability, transforming routine checks or minor encounters into traumatic experiences for law-abiding citizens. Such misuse of the NDPS Act erodes public trust in law enforcement and distracts from effective efforts to address drug-related crimes.”
The court further stressed the urgency of holding police officials accountable for such violations, emphasizing that the misuse of power must be curbed to restore public trust.
Justice Singh remarked:
“Recently, incidents of police high-handedness have led to the harassment and false implication of innocent citizens under the Narcotic Drugs and Psychotropic Substances Act. These actions reveal a significant breach in the rule of law and call for immediate reforms.”
In a stern directive, the court instructed the Director General of Police (DGP), Punjab, to personally oversee the matter and submit a status report in the form of an affidavit, detailing the actions proposed against the police officials involved in the wrongful arrest of Lovepreet Singh. Furthermore, the court mandated the presence of the Senior Superintendent of Police (SSP) of Kapurthala at the next hearing, scheduled for September 20, 2024.
Justice Singh also pointed out the crucial role that senior police officers play in ensuring that their subordinates follow the rule of law, stating:
“The DGP of Punjab is directed to personally address this issue and ensure appropriate action is taken against the errant officers as a precedent. A status report, in the form of an affidavit outlining the proposed actions, must be submitted before the next hearing.”
In concluding the judgment, the court reaffirmed the judiciary’s role in ensuring that law enforcement adheres to legal standards, especially in cases involving misuse of authority.
Justice Kirti Singh emphasized:
“This court will maintain its judicial oversight to ensure the rule of law is upheld and that any abuse of power by law enforcement is addressed with appropriate legal consequences.”
